Danielle Trostorff

Danielle Trostorff, shareholder in the New Orleans office, concentrates her practice in the area of health law. Ms. Trostorff has substantial experience in the representation of for-profit and not-for-profit hospitals, and hospital systems, physicians, nursing homes, home health agencies, occupational health, physical therapists, pharmaceutical companies, durable medical equipment suppliers, billing companies, preferred provider organizations, health maintenance organizations, insurers and other health care practitioners, entities and managed care companies.

Ms. Trostorff advises clients on health care regulatory matters including  Medicare/Medicaid reimbursement, corporate compliance, fraud and abuse, false claims, qui tam, voluntary disclosure, Stark law, licensing, survey, certification and change of ownership, Reporting Hospital Quality Data for Annual Payment and other quality data reporting and value-based purchasing programs, Recovery Audit Contractor (RAC) Audits and other post pay audits and national audit initiatives, managed care joint ventures and managed care contracting, antitrust, medical staff and peer review issues, bylaws, credentialing, business transactions acquisitions, mergers, consolidation, joint ventures, risk management, quality assurance, HIPAA, E-health and EMTALA.  She handles matters before the Provider Reimbursement Review Board and other administrative review bodies, CMS, the OIG, federal AUSAs, State Medicaid fraud units and federal courts.

Representative Matters

• Represented hospital in reporting hospital quality data for annual payment update (RHQDAPU) reporting and appeal.
• Assisted suppliers and providers in recovery audit contractor (RAC) audit matters.
• Negotiated multi-provider acquisitions.
• Served as hearing officer in medical staff disputes.
• Advised suppliers on fraud and abuse anti-kickback statute and physician self referral (STARK) law compliance.
• Represented suppliers and providers in reimbursement, appeals and post pay audits.
• Represented home health agency in a fraud exclusion before the Office of Inspector General.
• Represented health maintenance organization (now Medicare Advantage entity) in qui tam and governmental investigations alleging pharmaceutical company switch program.
• Represented a hospital in a civil and criminal false claim investigation regarding cardiac interventional procedures.
• Represented a hospital in a psychiatric and outpatient partial hospitalization program civil and criminal investigation.
• Represented a major hospital system in a pharmaceutical qui tam matter.
• Represented a major hospital system in a class action alleging indigent care.
• Represented a billing company in civil criminal government investigation of alleged false billing/ false claims.
• Represented a billing company in false claim qui tam action alleging improper billing and coding.
• Represented nursing home in civil criminal false claim and quality of care investigation regarding wound care.
• Represented hospitals, physicians, infusion therapists, physical therapists, cardiac catheterization, independent diagnostic testing facilities (IDTFs) in post pay review audits.
• Represented physician in physician self referral law (STARK law) voluntary self disclosure.
• Represented suppliers and providers in voluntary self disclosure.
• Represented suppliers and providers in implementing compliance programs, responding to civil investigative demands and negotiating corporate integrity agreements.
• Represented providers in national OIG initiatives.

Speaking Engagements

• "A New Era for 'Quality': Moving Beyond Clinical Outcomes," Physician-Legal Issues Conference, ABA Health Law Section, Chicago, Illinois (June 16-17, 2011)
• "Commercial Payers and Provider Accountability," Baker Donelson's Accountable Care Symposium, Nashville, Tennessee (June 14-15, 2011)
• "Healthcare Reform and Quality of Care," sponsored by the Louisiana State Medical Society (May 23, 2011)
• "Accountable Care Organizations: The Cost of Performance—It's Not Your Mother's Fee for Service World," AHLA Hospitals and Health Systems Law Institute, Las Vegas (February 9-11, 2011)
• "The Fundamentals of Physician Representation," New Orleans Bar Association Procrastinator's Program (December 23, 2010)
• "Medicare Secondary Payor Act," New Orleans Bar Association Procrastinator's Program (December 23, 2010)
• "Granny Cams and the Unintended Consequences," Baker Donelson Long Term Care Symposium (November 11, 2010)
• "RAC Update," Louisiana Hospital Association (November 4, 2010)
• "Medicare Secondary Payor Reporting Requirements," New Orleans Bar Association (October 21, 2010)
• "Medicare Secondary Payor," New Orleans Bar Association Bench Bar Conference, Biloxi, Mississippi (April 17, 2010)
• "Demystifying E-Discovery,” Lorman Education Services, New Orleans, Louisiana (March 3, 2009)
• "Recovery Audit Contractor (RAC) Audits," 19th Annual Health Law Symposium, Baton Rouge, Louisiana (November 6, 2008)
• "HIPAA Enforcement," 2007 Louisiana HIPAA Conference (November 12-13, 2007)
• "HIPAA Enforcement," 2006 Louisiana HIPAA Conference, Baton Rouge, Louisiana (November 13, 2006)
• "Internal Investigations and OIG Radar Screen," 17th Annual Health Law Symposium, Louisiana Hospital Association, Baton Rouge, Louisiana (November 9-10, 2006)
• "Reimbursement – Where is the Money In Physician-Hospital Joint Ventures," 2006 Annual Meeting and In-House Counsel Program, American Health Lawyers Association, Philadelphia, Pennsylvania (June 25-28, 2006)
• "Economic Credentialing – Pros and Cons," 2005 Physicians Law Institute, Physicians Law Institute at a Glance, American Health Lawyers Association, Tucson, Arizona (February 9-10, 2005)
• "Auditing, Complaints, Improper Disclosures, and OCR Enforcement," 2004 Louisiana HIPAA Conference, Your Prescription for Privacy Compliance and Security Implementation, Baton Rouge, Louisiana (November 15, 2004)
• "Physician Employment and Recruitment Contracts – How to Meet the Regulatory Requirements and Avoid Pitfalls," 2nd Annual Accounting & Auditing Seminar, Louisiana Hospital Association, Baton Rouge, Louisiana (March 17, 2004)
• "EMTALA Revisited," Presented to Memorial Hermann Healthcare System, Houston, Texas (November 20, 2003)
• "False Claims and Corporate Integrity," 2003 Health Law Symposium, Sponsored By Louisiana Hospital Association Management Corporation, New Orleans, Louisiana (November 13-14, 2003)
• "Recent Cases & New Regulations: The Good, the Bad & Who Likes Call?" EMTALA, 2003 Health Law Symposium, Sponsored By Louisiana Hospital Association Management Corporation, New Orleans, Louisiana (November 13-14, 2003)
• "Operational Issues in Privacy Compliance," 2003 Louisiana HIPAA Conference, Your Prescription for Continued Privacy Compliance & Efficient Security Implementation, Baton Rouge, Louisiana (October 27-28 2003)
• "Privacy Under HIPAA," Presented to Chalmette General Hospital, Chalmette, Louisiana (March 19, 2003)
• Presenter – Biotechnology and Clinical Trials, Overview Regulatory Requirements, Presented to the New Orleans Bar Association, New Orleans, Louisiana (October 23, 2002)
• "Multi-Institutional and Hybrid Entity Issues," 2002 Louisiana HIPAA Conference, Countdown to Compliance, Baton Rouge, Louisiana (October 23-24, 2002)
• "Privacy Under HIPAA," Lane Memorial Hospital (June 27, 2002)
• "Self-Insured Employer Issues," 2001 Louisiana HIPAA Conference, Baton Rouge, Louisiana (October 25-26, 2001)
• "Practicing Medicine Without Going to Jail," Texas Association of Business and Chamber of Commerce, Dallas, Fort Worth Business Group on Health Managed Care Association, Dallas, Texas (February 12, 2001)
• "Physician Compliance Plans," Acadian Computer Systems, Inc., , Lafayette, Louisiana (November 16, 2000)
• "IPA Management & Board Relationships"; "Gainsharing:  Government's Prohibition Raises New Legal Issues," The IPA Association of America, 4th Annual National Meeting, Las Vegas, Nevada (March 12-15, 2000)
• "Stark II: Stark Raving Mad The Answers to Your Questions," Louisiana Hospital Association, 11th Annual Health Law Symposium, New Orleans, Louisiana (November 19, 1999)
• "Future Policy Issues Panel," The IPA Association of America and Aetna US Healthcare, Current and Future Regulatory Issues, Dallas, Texas (September 16, 1999)
• "Medicare Reimbursement Issues," VHA, Inc., National Nursing Leadership Council, Chicago, Illinois (September 15, 1999)
• "HIPAA Compliance," Louisiana Commissioner of Insurance, Successful Solutions: Implementing the Health Reform Legislation of 1999, Baton Rouge, Louisiana (August 24, 1999)
• "Medicare Issues," VHA, Inc., Peri-operative Leadership Learning Network, Dallas, Texas (August 4-6, 1999)
• "Legal Issues for Physician Leaders Antitrust & Exclusivity Managed Care Contracting"; "Corporate Compliance Fraud and Abuse Gainsharing," VHA Gulf States, Practicing Physician's Tract, Health Care Systems: An Update for Physicians, Point Clear Alabama (July 15-17, 1999)
• "Federal Fraud and Abuse and Stark Law," Lorman Business Center, Medicare and Medicaid Payment in Louisiana, New Orleans, Louisiana (June 18, 1999)
• "The Legalities of Utilizing and Maintaining Computerized Medical Records in Louisiana," Lorman Business Center, New Orleans, Louisiana (January 6, 1999)
• "Key Elements of Stark II Proposed Regulations," Tulane Law School, Current Key Issues in the Legal Regulation of Medicine, New Orleans, Louisiana (September 17, 1998)
• "Proposed Stark II Regulations," Greater New Orleans Medical Group Management Association, New Orleans, Louisiana (May 14, 1998)
• "Proposed Stark II Regulations," Locke Purnell Rain Harrell, Health Care Breakfast, Dallas, Texas (February 26, 1998)
• "Proposed Stark II Regulations," Orleans Parish Medical Society, New Orleans, Louisiana (February 5 and March 3, 1998)
• "Fraud and Abuse Due Diligence," Arthur Anderson, LLP and Locke Purnell Rain Harrell, Dallas, Texas (November 13, 1997)
• "An Update on the Impact of COBRA on Health Care Providers in Louisiana," Prime Time CLE Institute, LLC, Harahan, Louisiana (November 11, 1997)
• "Overview of New Statutory and Regulatory Fraud and Abuse Standards  in Fraud and Abuse Standards in the Healthcare Industry," Lorman Business Center, Austin, Texas (November 7, 1997)
• "Computerized Medical Records, Telemedicine and Confidentiality," Lorman Business Center, New Orleans, Louisiana (October 17, 1997)
• "Healthcare 2001 – Payers and Players," Crescent City Chapter Association of Rehabilitation Nurses, New Orleans Case Managers Association and New Orleans Continuity of Care, New Orleans, Louisiana (September 25, 1997)
• "Overview of New Statutory and Regulatory Fraud and Abuse Standards  in Fraud and Abuse Standards in the Healthcare Industry," Lorman Business Center, Dallas Texas (May 6, 1997)
• "State and Federal Regulation of Risk Sharing Arrangements," Tulane Medical Center, New Orleans, Louisiana (November 1, 1996)
• "Legal Concerns in Interdisciplinary Practice," American College of Legal Medicine, New Orleans, Louisiana (October 26, 1996)
• "Fraud and Managed Care," Louisiana State University, School of Medicine, New Orleans, Louisiana (June 19, 1996)
• "Managed Care Contracting," Louisiana Hospital Association, New Orleans, Louisiana (November 10, 1995)
• "Managed Care Contracting for Physicians," Rapides Parish Medical Society, Alexandria, Louisiana (February 8, 1995)
• "Private Practice Medicare and Tax Issues"; "Medicare Part B Appeals"; "Managed Care Contracting," American Physical Therapy Association, Navigating the Reimbursement Maze, Kansas City, Missouri (October 29-30, 1994)
• "Stark II Safe Harbors," Orleans Parish Medical Society, New Orleans, Louisiana (June 23, 1994)
• "Health Care Reform," National Association of Social Workers, Occupational Social Workers Special Interest Group, New Orleans, Louisiana (December 1, 1993)
• "The Future of Health Reform," Louisiana Hospital Association, New Orleans, Louisiana (November 17, 1993)
• "Comparative Analysis of the Health Care Reform Proposals Before Congress," Louisiana Health Care Commission, Baton Rouge Louisiana (November 1993)
• "National Health Care Reform," New Orleans Underwriters Association, New Orleans, Louisiana (November 10, 1993)
• "Recruiting Physicians in an Era of Health Reform," Louisiana Society of the Louisiana Hospital Association, New Orleans, Louisiana (April 1, 1993)
• "Stark II Law," Metropolitan Hospital Council of New Orleans, New Orleans, Louisiana (October 1993)
• "Ethical Considerations in Euthanasia Debate," Tulane Medical Center, New Orleans, Louisiana (October 23, 1991)
• "Patient Self-Determination Act," Jefferson Council on Aging, Inc., New Orleans Continuity of Care Association, Metairie, Louisiana (October 15, 1991)
• "Medical Staff Problems In Teaching Hospitals," National Health Lawyers Association, Medical Staff Legal Issues Update, Chicago, Illinois (September 27-28, 1991)
• "Legal Overview of Confidentiality," Medical Educational Services, Confidentiality of Medical Records in Louisiana, New Orleans, Louisiana (March 1, 1991)
• "Legal issues in the Nursing Home," Rural Research & Training Institute, Inc., New Orleans Conference for Nursing Home Administrators, New Orleans, Louisiana (February 8, 1991)
• "Ethics in Practice: Personal Injury," Tulane University Continuing Legal Education, New Orleans, Louisiana (November 14, 1990)
• "Legal Issues: Psychiatric and Substance Abuse Facilities," National Association Medical Staff Services, Cincinnati, Ohio (November 14, 1990)
• Workshop Moderator – "Preparation for and Handling of a Medical Staff Privilege Case," American College of Legal Medicine, 30th Annual Anniversary Conference on Legal Medicine, Orlando, Florida (March 16, 1990)
• "Confidentiality Principles and Overview," Medical Educational Services, Confidentiality of Medical Records in Louisiana, New Orleans, Louisiana (April 20, 1990)
• "Confidentiality of Medical Records Medical Records in Employment Context," Lorman Business Center, Inc., Baton Rouge, Louisiana (June 7, 1989) and New Orleans, Louisiana (June 8, 1989)
• "Physician Entrepreneurial Activities: Fraud & Abuse Implications," Coliseum Medical Center, New Orleans Louisiana (March 21, 1989)
• "Fraud and Abuse – New Developments," Roundtable Discussion: Ernst & Whinney, New Orleans, Louisiana (September 22, 1988)
• "Catastrophic Coverage Act: The Fraud and Abuse Aspects," New Orleans Health Care Managers Association, New Orleans, Louisiana (August 30, 1988)
• "Health Care Quality Improvement Act of 1986," National Association Medical Staff Services, 11th Annual NAMSS Conference, Orlando, Florida (September 30-October 2, 1987)
• Co-panelist – "Credentialing and Delineation of Privileges," with William Jessee, M.D., San Francisco, California (September 21-22, 1987) and Washington D.C. (October 19-20, 1987)
• Program Committee and Speaker – "JCAH: The Quality Assurance Requirement and Future Directions," National Health Lawyers Association, Utilization Management, PROs and Quality Assurance: The Legal Pitfalls Seminar
• "How to Update Medical Staff Bylaws," Continuing Education Corporation, Boston, Massachusetts (April 9, 1987)
• "Living Will, Organ Donation – Legal Consideration in Death and Dying," St. Jude Medical Center/AMI, Kenner, Louisiana (February 23, 1987)
• "Medical Staff Bylaws," Louisiana Society of Hospital Attorneys of the Louisiana Hospital Association, New Orleans, Louisiana (December 5, 1986)
• Co-chairperson of Law and Medicine VI: Psychiatry & Psychology, Tulane Law School and Tulane Medical Center, New Orleans, Louisiana (November 14, 1986)
• "PPO and HMO Contracting," American Physical Therapy Association, Annual Fall Meeting, Memphis, Tennessee (November 6-9, 1986)
• "Joint Ventures," Health Lawyers Association, Medical Staff Legal Issues Seminar, Chicago, Illinois (May 15-17, 1986)
• "Joint Ventures – Legal Issues," given in conjunction with Ernst & Whinney, New Orleans, Louisiana (April 24, 1986)
• "The Impaired Practitioner," Louisiana Chapter of National Association of Medical Staff Services, New Orleans (April 23, 1986)
• "Credentialing – How to Deal with a Medical Staff Dispute," Louisiana Society of Medical Staff Services Second State-wide Educational Seminar, New Orleans, Louisiana (November 14, 1986)
• "Joint Ventures," "PPOs, HMOs, IPAs and MeSHes:  The Alternative Delivery System," Lafayette Medical Community, Lafayette, Louisiana (March 6, 1986)
• "Hospitals, The Legislative And The Courts," Society of the Louisiana Hospital Association, New Orleans, Louisiana (January 17, 1986)
• "Negotiating An Exclusive Radiology Contract," West Virginia Radiological Association, Charleston, West Virginia (1985)
• "Joint Venturing Between Hospitals and Physicians," Young Hospital Administrators, Louisiana Hospital Association, New Orleans, Louisiana (May 28, 1985)
• "Social Work Role on Ethics Boards   Legal Implications," National Association of Perinatal Social Workers, New Orleans, Louisiana (May 23, 1985)
• "Record Keeping Requirements and Peer Review Settings," National Health Lawyers Association, Medical Staff Legal Issues Seminar, Miami, Florida (March 1985)
• "Life Sustaining Procedures," Social Workers – Louisiana Hospital Association, New Orleans, Louisiana (1984)
• "1122 Review and Access to the Courts," American Bar Association, Forum Committee on Health Law, San Antonio, Texas (April 1983)
• "Continuing Legal Education Seminar on Family Law," District of Columbia, Division of Family Law, Washington D.C. (1980)

Publications

• "Quality and Other Reporting Requirements," co-author and co-editor, AHLA member briefing (September 2011)
• "Unallowable costs under the False Claims Act:  When to hold and when to fold," Compliance Today, Vol. 10, Num. 5 (May 2008)
• "The State of Managed Care," TIPS on Managed Care (May/June, 1999)
• "Recent Fraud and Abuse Cases Quantum and Medical Development Network," LHA Impact Law Brief, Vol. 11, No. 10 (Oct. 31, 1996)
• "Stark I Final regulations Arrival Heralded," LHA Impact Law Brief, Vol. 10, No. 9 (September 30, 1995)
• "Hanlester Decision Vindication for Individual Defendants," LHA Impact Law Brief Vol. 10, No. 4 (April 30, 1995)
• "Managed Health Care: Antitrust Issues," Antitrust and Trade Regulation Law, Louisiana State Bar Journal, Vol. 42, No. 3 (October 1994)
• "Non-Discoverability of Peer Review Information Upheld," LHA Impact Law Brief, Vol. 9, No. 3 (March 21, 1994)
• "The Health Care Industry Re-looks at the Issue of Health Care Provider Ownership in Entities to Which They Refer Patients: Stark Law II is Upon Us," Journal of the Louisiana State Medical Society, Vol. 145, No. 11 (November 1993)
• "Physician Self Referral:  Stark Law II is Upon Us," New Orleans Physician, Vol. 3, No. 8 (July 1993), LHA Impact Law Brief, Vol. 8, No. 6 (June 30, 1993)
• "Physician Practice Acquisitions – The OIG Writes to the IRS," LHA Impact Law Brief, Vol. 8, No. 5 (May 28, 1993)
• "King Cobra Recoils: The Effect of OBRA 1989 Technical Amendments on health care providers and regulators," Federal Bar News & Journal, Federal Bar Association (October 1990)
• "Implementation of the Health Care Quality Improvement Act: What Will it Mean for the Future of Peer Review," Matthew Binder (Spring 1990)
• "Peer Review Procedures – Federal Law Requires A New Look at Medical Staff Bylaws," Overview (January/February 1987)
• "Credentialing – The Pitfalls in the Administrative Process and How to Avoid Them," Quality Review Bulletin (July, 1987)

Professional Honors & Activities

• Listed in The Best Lawyers in America® since 1993; Health Care Law
• Named as a Leading Health Care Attorney by Legal Media Group in 2006
• Listed in Louisiana Super Lawyers, since 2007
• Recognized as a "Top Lawyer" by New Orleans Magazine, 2010
• Louisiana Society of Hospitals Attorneys of the Louisiana Hospital Association (President 1983 – 1985, Past President 1985 – 1986)
• Adjunct Professor, Tulane University, School of Public Health and Tropical Medicine (1989 – 1993) Courses: Health Care Law, Regulatory Environment
• Greater New Orleans Women's Healthcare Executive Network (President 1995, 2003 – 2004)
• New Orleans Bar Association (Health Care, Biotechnology & Medical Malpractice Committee, Co-Chair 2002 – 2003, Chair 2003 – 2004)
• American College of Healthcare Executives (Regent's Advisory Council/Louisiana 1995)
• Cornell Alumni Admissions Ambassador Network (Chairperson, Louisiana)
• The IPA Association of America (Editorial Board, 2000 – 2001)
• Women to Watch, Women & Co. New Orleans City Business (1993)
• AHLA ACO Performance Measures and Accountability Subcommittee

Admissions

• Louisiana, 1981
• Texas, 1993
• New York, 1978
• District of Columbia, 1978

Education

• Washington University, J.D., 1977
• Washington University, M.S.W., 1976
• Cornell University, B.S., 1973